A landlord does not have the authority to consent to the warrantless search of a tenant's residence, the Pennsylvania Superior Court ruled. The court found that while the landlord had a property interest in tenant Derrick Davis' apartment, he did not have the "common authority" over the property needed to approve a search. Further, the three-judge panel said the police could have easily obtained a warrant before entering the apartment and then the drug evidence they found would have been seized legally.
December 02, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A landlord does not have the authority to consent to the warrantless search of a tenant’s residence, the Superior Court ruled last week.
The majority of a three-judge panel said in Commonwealth v. Davis that while landlord John Taylor had a property interest in tenant Derrick Davis’ apartment, he did not have the “common authority” over the property needed to approve a search.
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